Privacy Policy and Disclaimer
By using DerekNewmanJr.com (Newman Consulting LLC) and his services, you agree to the below conditions. Please read them carefully.
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1. Payments
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Payments are securely processed through J.P Morgan Chase and PayPal. Derek Newman Jr. (Newman Consulting LLC) currently accepts Visa, Mastercard, Discover and American Express and has negotiated contracts for processing such payments. By using Derek Newman Jr. (Newman Consulting LLC) and his services, you are agreeing to the authorized use of such debit/or credit card and understand that any fraudulent activity will be transferred to the local police department and pursued to the maximum extent permitted by law. There are no refunds granted unless an issue was discussed with Derek Newman Jr. (Newman Consulting LLC) and a exception was made.
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2. Terms Defined
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Welcome to the Derek Newman Jr. (Newman Consulting LLC) website (“Site”). This Terms of Use Agreement (“Agreement”) sets forth the agreement between Derek Newman Jr. (Newman Consulting LLC), Inc. (collectively, “THEI” or “we”) and each user (“you” or “user”) governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.Please review this Agreement each time you use this site, as we reserve the right to change this Agreement. In addition, please note that the use of any service or feature, or purchases made on this site are subject to any posted guidelines or policies applicable to such services, features or purchases that may also be updated periodically. All such guidelines or policies are hereby incorporated by reference into this Agreement.
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3. Not Healthcare Advice
By requesting a reading and/or scheduling an appointment with Derek Newman Jr, you understand and agree that Derek Newman Jr. is not a medical professional or attorney and cannot give medical or legal advice. Any information or advice given by Derek Newman Jr. (Psychic Medium) is not to be used by you in place of any medical diagnosis or legal advice from qualified and licensed professionals in those fields. Services by Derek Newman Jr. are intended to offer insight into your personal or business life and do not in any way constitute medical or legal advice. Derek Newman Jr. will not be held liable for any damages resulting from the use of this website or as a result of any appointments with Derek Newman Jr., or any persons or events related thereto, and/or any actions or decisions that you may make as a result, including without limitation, actual, incidental and/or consequential damages resulting from any claims resulting from any act or omission, negligence, fraudulent misrepresentation or otherwise, including without limitation, personal injury, death, loss of income, stress (emotional or otherwise), errors or omissions, or otherwise. The advice, information, services and other content provided on and through this Site, including information that may be provided on the Site and other content provided on any Linked Site, as defined in this Agreement, are provided for informational and entertainment purposes only. Users should only use this information to facilitate discussions about treatment options with their physician or other healthcare professional (collectively, “Healthcare Professional”). Any information provided on this Site or any Linked Sites, is never intended as a substitute for advice from your Healthcare Professional, even if the information is of a medical nature. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, before using any medication, or herbal or homeopathic product, or before adopting any treatment for a health problem.
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4. Privacy
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Use of this Site is subject to the terms of this Privacy Policy.In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. (Personal Information means any information that may be used to identify any individual, including, but not limited to, first and last names, nickname, home or other physical address, telephone number, e-mail address, birth date and birth time, birth location including city, state, and country, credit card information, billing address, and your browsing or buying patterns.) Some features or services may require you to provide Personal Information. From time to time, THEI may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they state on that page and which hyperlinks, if any, the “click” on. We may collect this information through the use of “cookies” and other tracking technologies. The purpose of this collection would be to determine which areas of the Site are most popular and to enhance the Site for visitors. We may also use this aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers, or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to add you to our mailing list and respond to your questions. We may send you periodic communications by e-mail including news updates, special promotional offers or information on our products or services that may interest you. If you wish to opt-out of receiving these communications, instructions will be in the e-mail to do so.We may share and disclose your Personal Information to third parties as set forth in this Privacy Policy. We may sometimes use other business to perform certain services for us, such as maintaining the Site and our mailing lists, and providing marketing assistance and data analysis. We will take reasonable steps to ensure that these third party service providers are obligated to protect Personal Information on THEI’s behalf. As THEI develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that THEI or all of its assets are acquired, customer information would be one of the transferred assets. THEI fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request, or in connection with litigation. THEI reserve the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the site, or to protect the rights or property of THEI, its affiliates, or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors. THEI also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.THEI intends to take reasonable steps to protect the Personal Information you share with us from unauthorized access or disclosure. However, in order to take advantage, your browser must support encryption protection (found in Internet Explorer release 3.0 and above). Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.
This Site is not intended for use by children under the age of 13 and THEI does not knowingly collect or use any Personal Information from such children. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete that information from our database. THEI is not liable for the actions of third parties, including but not limited to third party ad servers or third party websites that have placed cookies on your computer. This Privacy Policy and the privacy practices of THEI will be subject exclusively to the laws of the State of Florida within the United States. THEI makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. Visitors residing outside this jurisdiction do so at their own risk and are responsible for reliance with local laws.
5. Links; Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. We do not control or endorse any such third party websites. You agree that we will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. We expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
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6. Disclaimer: Limitation of Liability
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You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this agreement, THEI and its affiliated companies and their respective officers, directors, employees and other representatives (collectively, “THEI parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Except as otherwise expressly provided in this agreement, we make no warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from THEI parties or on or through the site shall create any warranty not expressly stated in this agreement. All products and services purchased on or through the Site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, THEI parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the Site. Without limiting the generality of the foregoing, THEI parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.THEI parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the site, including any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between THEI and you. The products, information and services offered on and through the site would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of THEI parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from THEI on this site. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
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7. Indemnification
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You agree to indemnify, defend and hold harmless THEI Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site (including the User Content), your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
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8. Entire Agreement
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This Agreement constitutes the entire and only Agreement between THEI and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
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9. Misc
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The failure of THEI Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement
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10. Refund Policy
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I do not offer refunds, exchanges or returns on spiritual consultations unless it has been discussed and approved by me. I will offer a refund or exchange on spiritual supplies ONLY if customer receives order that is damaged upon receipt or item received was different from what was ordered.
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11. Other terms and conditions
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In accordance with the laws of several states in the United States, The readings that I provide are for guidance only. What you decide to do, including any actions you take, with the information that I give you, is based on your own personal responsibility and choice. All readings and questions answered should at no time be regarded as legal, medical, financial, psychological or business fact and are subject to your own interpretation and judgment. For legal reasons, I must advise you that the readings are for entertainment purposes only. My services are not a substitute for professional services, and it is advised that you should seek advice from the relevant qualified expert.